The availability of information in the digital age
often leads to concern over copyrighted materials. The Copyright Act offers a means for
educators to use copyrighted materials for instructional purposes through the
provision of fair use. However, many
administrators are hesitant to allow their educators to use copyrighted
material for fear of infringement of copyright laws. The Code
of Best Practices in Fair Use for Media Literacy Education was developed by
a consortium of educational associations.
It discusses principles for the fair use of copyrighted materials and
myths of fair use.
One myth of the fair use provision is that it is too
unclear and complicated. However, the
guidelines are written broadly to allow educators to use their own judgment
regarding what is appropriate use. An
educator may only need to utilize a small portion of one copyrighted work for a
particular lesson but need an entire work for a different lesson.
Similarly, another myth involves the “rules of
thumb” for fair use guidance. I remember
receiving the annual copyright lesson at faculty meetings during which teachers
are reminded how much (or how little) of a copyrighted work they can use for
their lessons. According to the Code of Best Practices, these so called
“rules of thumb” are not entirely accurate.
These amounts, 400 words of text, 10 seconds of video, etc., are merely
suggestions. The fair use provision is a
“tool to balance the rights of users with the rights of owners.” It gives the educator the discretion to
decide how much of a copyrighted work is needed to meet the objective of
his/her lessons.
Another myth of fair use suggests that it is “too
much trouble.” Many individuals “don’t
want to fill out any forms,” although no forms are required before using
copyrighted works for educational purposes.
An individual who wishes to use a portion or all of a copyrighted work
does not need to ask permission in order to use the work for legitimate
purposes. He or she simply uses the
work. One may request permission from
the copyright holder, but permission is not required under the fair use
provision.
The use of copyrighted material provides an
opportunity to educate students regarding the ethical use of information. The Code
of Best Practices cites an example of using too much of a work: “A textbook author cannot quote large parts
of a competitor’s book merely to avoid the trouble of writing her own
exposition.” Unfortunately, I have seen
many students following this example. When
students are instructed to properly cite sources, many develop their own myth
that they can use all they want as long as they give credit. Students need to be taught to gather
information from multiple sources and write from their own understanding as
well as using some direct quotes.
As educators, we should use copyrighted works to
enhance our lessons. We should also model
digital citizenship by giving proper credit to the creator of the work and only
use what is necessary to achieve our lesson objectives. We need to continually promote the
responsible use of information.
Reference
Media Education Lab.
(2012). Code of best practices in fair use for media literacy education. Retrieved from http://mediaeducationlab.com/code-best-practices-fair-use-media-literacy-education-0
Susan, you've covered a lot about the fair use of copyrighted works. I agree that we should teach students about the importance of using multiple resources to glean our own understanding of the material. One point regarding fair use that I think about all the time because I'm an artist is the fair use of imagery. I see students and even some teachers pulling images from the internet without noting the artist or the site where they obtained the image. I think teaching students about fair use of imagery is another important lesson to bring into the media center.
ReplyDeleteSusan, this is a great post about Fair Use. I learned many things from your post I did not know before. I was unaware of the difference between the guidelines and laws. Also, the website you referenced is a very good resource to use in the future.
ReplyDeleteKatherine brought up a good point about imagery. Many people break copyright when they get pictures off the internet. Some imagery is open source and you are allowed to use it, but most of it is not.
As for teaching copyright to students, I think it is getting overlooked. I was helping my high school-aged neighbor do a project on whales the other day and she pulled sentences and pictures off the internet for her poster and was not going to cite the sources. She looked at me like I was crazy. She thought you only had to cite if it was in a written paper. All teachers should teach the importance of giving credit to the author or artist.
Your post is extremely informative and certainly clears up a few misconceptions I had about fair use. I, too, agree that many teachers are unfamiliar with rules and don't practice proper form when using material for educational purposes. I recall a certain set of tests created by central office one summer that contained copyright material. It was okay for one or more teachers to use that material for classroom instruction, but not for those few questions to be lifted for county created tests. I think a valuable lesson was learned that year.
ReplyDeleteAs for teaching students, I think we have to teach them what is right and what is wrong. Students are normally not using materials for educational purposes; their materials are being written and turned in for grades. I have too many turning in completely lifted passages and they see nothing wrong with it.
Susan, awesome information regarding copyright and Fair Use. As I read your blog I realized that I fell into believing these myths too. We've all been part of the pre-planning session where the copyright information has been handed out and quickly gone over. I have to say, that I've never felt that I really understood and/or was comfortable with the information. It has often, slash that, always been unclear and complicated, and it always does seem to be too much trouble. But how are we to teach students digital citizenship? With the advent of the computer and word processing, it's easier than every to copy and paste. Students need to be taught the rules and to use it in their everyday assignments, as do teachers and staff. These myths can be, and must be, exchanged for accurate and responsible use of information.
ReplyDelete